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2025 DAILYLAW 75137 (ALL)

MANU GOPAL v. STATE OF U P THROUGH ITS PRINCIPAL SECRETARY HOME AND OTHERS

NA529/2189/2025 · 2025-07-15

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114887 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2189 of 2025 Applicant :- Manu Gopal Opposite Party :- State Of U P Through Its Principal Secretary Home And Others Counsel for Applicant :- Khwaja Shamshad Ahmad Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Recall Application dated 28.10.2024 in Misc. Application No. 101 of 2024 under Section 156 (3) Cr.P.C., P.S.- Surajpur Gautam Buddha Nagar pending before Additional Civil Judge (S.D.)2/ ACJM, Gautam Buddh Nagar expeditiously within stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that a complaint no. 228 of 2024 was not pressed by the learned counsel and accordingly the order was passed. Subsequently a criminal complaint was preferred by the applicant but by inadvertent mistake the learned Magistrate passed an order that the applicant does not want to press the application and it was accordingly rejected. The recall application moved by the applicant dated 28.10.2024 moved by the applicant is still pending before the Court concerned and the present application has been filed for a direction to dispose of the said recall application. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. In the circumstances, the Court concerned is directed to dispose of the aforesaid recall application in accordance with law preferably within two months from the date of production of certified copy of this order before it. 8. It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 9. With the above observations, the application stands disposed of. Order Date :- 16.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad